The Minister of State, Deputy Rabbitte, is most welcome to Seanad Éireann this morning. I call Senator Gallagher.
Nithe i dtosach suíonna - Commencement Matters
Domestic, Sexual and Gender-based Violence
Cuirim fáilte roimh an Aire Stáit. She is very welcome to the House. Some 34,000 cases of domestic abuse were reported to Women's Aid last year. It truly is a shocking figure. I welcome the fact that Ireland is one of the first countries in Europe to provide paid work leave to victims of domestic abuse. I very much welcome that development. Statutory domestic violence leave will provide up to five days of fully paid absence annually to employees impacted by domestic violence. This legislation is a significant step and is part of the Government's zero tolerance strategy. However, unfortunately we all know that the availability of places for victims of domestic abuse is seriously deficient, particularly in my county of Monaghan and in County Cavan as well. As the population increases, so too, unfortunately, does the need for refuge places. I believe there is a need for one place per 10,000 people. I would hope to see definite progress on this issue in the new year and other accommodation options put in place in the meantime, such as safe houses in the community where people would be able to be housed within their own communities and among their own families and have all the supports they would need. It can be difficult for victims, especially if they are well known in their community but there is a responsibility on all organisations to step forward, whether they be public, private, sport, music or social organisations. We all need to step forward and educate our members. All of us, and particularly us men, need more information and more education on this.
Over the years, local organisations such as the Tearmann Domestic Abuse Service, under the stewardship of Siobhán McKenna and her team, have endeavoured to assist those suffering from domestic abuse in counties Cavan and Monaghan through the provision of support, information and awareness training. I salute them for the work they have done. They too have welcomed the Government's new zero tolerance strategy, especially as the service has witnessed an increase in numbers, particularly since the Covid pandemic.
Cavan and Monaghan are two of nine counties that have no refuge centres for those experiencing sexual and domestic violence. I understand that the new strategy plans to deliver 19 refuge units across counties Cavan, Monaghan, Roscommon and Leitrim. Unfortunately, by the time a site is secured, planning permission is secured and the property is built, it could be a number of years before all that happens. In the meantime, it is important that other options and more temporary options are explored, such as the purchase of houses in counties Cavan and Monaghan to accommodate those who are very much in need. I commend the officials in the housing sections of both Monaghan and Cavan county councils, who are actively exploring a site and are making progress in that regard.
Ultimately, we need to acquire a 24-hour refuge that offers safe accommodation and support for people suffering domestic, sexual and gender-based abuse. We must deliver a safe haven for those women, and their children if required, where they can recover, where they can be among their own communities and where they will have the proper supports. The quicker we get that refuge built, the better. I hope the Minister of State might have some good news for us on that this morning.
I will sign off, as I always do whenever I mention this subject, by appealing to anybody out there who is currently suffering from domestic abuse or violence to please come forward. There is good help there. Go ahead and make that phone call. Do not be suffering in silence.
One of the overarching goals of the zero tolerance strategy to address domestic, sexual and gender-based violence is ensuring that everyone who needs a refuge space will get one. I am committed to working with my Government colleagues and those in the sector to achieve this. In line with the priority this Government is attaching to tackling domestic, sexual and gender-based violence, we have committed to doubling the number of refuge spaces over the lifetime of the strategy, bringing it to 280 by the end of 2026. The Tusla review of accommodation services for victims of domestic, sexual and gender-based violence identified priority locations where between 50 and 60 new refuge places are needed.
Further analysis undertaken identified 12 locations nationwide where the delivery of 78 family refuge spaces would have the most impact if prioritised. The initial areas identified in the Tusla review include Cavan-Monaghan, where eight family places are suggested as a starting point for prioritisation. An interagency group has been established to further this development and several meetings have taken place. It is difficult to place an exact timeline for the development of a refuge in the Cavan-Monaghan area at this stage as many factors can influence the speed at which a project is delivered, such as the identification of a suitable site or building, planning processes, tendering processes, the appointment of contractors and so on, as the Senator has laid out. However, Cavan-Monaghan is a priority area and every effort will be made to ensure the development of a refuge happens as speedily as possible.
Currently, the number of specialist domestic violence accommodation units or family spaces in the country is 199, including 150 refuge units and 49 safe home units. Each family place or unit can accommodate one woman and her children or other dependants. An additional 17 safe homes have come into operation since quarter 3 of 2022. We expect to have delivered up to 36 refuge units in Wexford, Dundalk and Navan by the end of 2024. In addition, by putting in place the correct structures to deliver additional refuge accommodation, including the development of a new statutory agency, we will accelerate the number of additional spaces that can be opened each year. Earlier this month, for example, the Minister, Deputy McEntee, unveiled an architectural blueprint on how to design safe spaces for survivors of domestic violence, which was developed as part of work on the zero tolerance strategy. The guidance on a design approach for future refuge development was shared with domestic violence organisations currently developing accommodation.
This work underpins our shared commitment to establishing a comprehensive and accessible network of refuges and to providing safety, support and healing for those affected by domestic abuse. Just last week the Minister brought the legislation to establish the new domestic, sexual and gender-based violence agency through the Houses and confirmed the work to ensure the agency will be up and running early in the new year remains on track. Once established, the agency will continue to assist with advancing the development of refuge places in all priority locations, including Cavan-Monaghan.
I thank the Minister of State for her response. I am delighted this Government has prioritised the location of a refuge centre in either County Cavan or County Monaghan. It is imperative. I am heartened by the urgency this issue has been given, because it is vitally important that we have a refuge centre to protect these poor victims of domestic violence. The quicker that happens, the better. The same is true of the wraparound services we need to go with that for the women and their children. It must be a horrific experience for any woman to go through and unfortunately the numbers are consistently on the rise. I welcome this and look forward to it progressing in the near future. In the meantime, I will be having conversations with both local authorities to see if we could provide accommodation in the interim by purchasing a property in either county. That would alleviate the need for these people to travel to strange communities in order to start their recovery. I thank the Minister of State for her positive response.
I am informed by Tusla that a number of interagency meetings have been held since 2022 to explore how to progress the development of a refuge in Cavan-Monaghan. Some steps have been taken through engagement with two county councils to identify a suitable site. A site at Cootehill in the ownership of Cavan County Council has initially been proposed for consideration. The Tearmann Domestic Abuse Service, which is based in Monaghan and provides services in both counties, recently merged with Safe Ireland. This allows Safe Ireland to be the lead organisation taking forward the development of the refuge in Cavan-Monaghan through engagement with local stakeholders. Tusla acknowledges the initial need to dramatically increase the provision of refuge and that the key to this will be ensuring organisations are resourced and supported throughout the stages of managing refuge development projects. In the meantime, the closest refuge supports for women and children can be accessed in the neighbouring counties of Meath and Louth. I take on board what the Senator said about our taking people out of their communities where children perhaps want to continue going to education and stay knitted into their communities. It is a priority for the Department.
European Union
It is good to have the Minister of State here. I invited her this morning to provide an update to the House regarding Ireland's position on the European Union's proposed asylum and migration pact, which is currently under trilogue negotiation and due to be legislated for early next year.
The Government has previously stated it will be after the negotiations have concluded before a decision is made on whether to opt into the pact under Protocol No. 21 of the Treaty on the Functioning of the European Union. However, there are already serious concerns about the significant implications of the pact for the welfare and human rights of migrants and asylum-seekers who arrive at European borders. The Taoiseach stated in June that Ireland would push for a pact that is steeped in human rights and international law, while in the same contribution he established that the pact would legislate for a mandatory border procedure, potentially resulting in arbitrary detention of migrants and asylum-seekers, including children. While the pact is packaged as being reflective of human rights and international law, in actuality it is steeped in deterrence, detention and exclusion. The Union is at its best when acting as a beacon of human rights, equality and the fair application of international law, but its actions in recent times, whether looking at this pact or its response to the deplorable situation in Palestine, are actively undermining this.
The main concerns I wish to raise are shared by multiple NGOs, including Oxfam and Amnesty International, and relate to the provisions of the asylum procedure regulation, the asylum migration management regulation, the screening regulation and the crisis regulation. On the safeguarding of minors and unaccompanied minors, with particular regard to proposed border procedure within the asylum procedure regulation, I ask whether Ireland's petition that minors over the age of 12 years be excluded from detention exemption has been maintained and if this position has been successfully adopted throughout the trilogues. I have serious concerns about the erosion of standards for what is deemed a safe third country. These changes risk violating the principle of non-refoulement and further endangering vulnerable asylum-seekers and migrants, potentially seeing them placed in a country with a history of violating human rights. There is significant concern among NGOs that the pact could be interpreted such that mere transit through a country could deem it safe. The deal recently brokered by Italy and Albania has been labelled "unworkable" and "illegal" by Amnesty. It is one of a number of such agreements the Commission and member states have separately brokered with third countries that undermine human rights and international law. While I understand individual member states' agreements do not form part of the pact, they are reflective of a marked shift in approach to migration at EU level and speak to the need for stronger protections within the pact.
If Ireland ultimately opts into the pact, will it be to all the regulations as a whole or is there scope for us to choose which regulations we opt into? In addition, what are our obligations under the Treaty on the Functioning of the European Union to uphold these regulations in circumstances where we do not opt in? On solidarity mechanisms, the Taoiseach has stated Ireland would potentially seek to fulfil these obligations to financial contributions. Is this still the case? If responsibility is to be shared between member states, it strikes me that being able to pay one's way out of a state obligation would undermine the principle of fairness, especially when these funds could potentially be used to finance the detention of vulnerable individuals. As the trilogues take place behind closed doors, we would welcome any assurances the Minister of State can offer to clarify Ireland's negotiating mandate when this process concludes. I hope the principles of human rights and international law will be reflected throughout the pact.
I thank Senator Ruane for raising this matter, which I am taking on behalf of my colleague, the Minister, Deputy McEntee, who regrets she cannot be here due to another commitment.
As the Senator will be aware, the migration and asylum pact is a set of regulations and policies that aims to create a fairer, efficient and more sustainable migration and asylum process for the EU. The pact, proposed in September 2020, is designed to manage and normalise migration for the long term, thereby providing certainty, clarity and decent conditions for people arriving in the EU.
It also seeks to establish a common approach to migration and asylum that is based on solidarity, responsibility and respect for human rights. It includes reform of the common European asylum system and measures on legal migration, integration, combating migrant smuggling, returns policy and the external dimension of migration, namely, co-operation and partnership with third countries. It is important to note that Ireland did not opt in to any of the pact measures pre-adoption. However, once they have been adopted, it will be possible for Ireland to opt in under Article 4. The Department of Justice is actively examining these EU asylum and migration pact proposals, all with a view to identifying how best Ireland might implement these measures should the Government decide to opt in once they are adopted by the European Parliament.
Trilogues are ongoing on all of the measures within the pact since the Council agreed on a mandate for the last three measures under negotiation, namely, the asylum and migration management regulation, the asylum procedures regulation and the crisis and force majeure regulation, in June and October last. On the asylum and migration management regulation, the EU Council has agreed a general approach on this proposed regulation, which includes a solidarity mechanism to assist member states facing migratory pressures. A solidarity pool would be established, from which a member state which is determined as being under migratory pressure can draw. All member states would contribute to this solidarity pool on the basis of a proportional fair share principle, based on the formula of 50% population and 50% GDP.
It is important to clarify that the fair share contributions for Ireland would apply to the solidarity pool to be established, not to the total number of asylum applications across the EU. While Ireland's GDP is among the highest in Europe, it should be noted that we have one of the smallest populations and this is reflected in the formula overall. Member states would also have discretion on the type of solidarity they contribute, including relocations, financial contributions and alternative solidarity measures, such as deployment of personnel. Again, the details of this proposed regulation are not yet finalised and remain subject to negotiation with the European Parliament. Throughout the negotiations of this particular measure, Ireland has supported a predictable, sustainable and flexible system of responsibility and solidarity. We recognise that support is required for member states that are receiving a disproportionate number of applicants.
I thank the Minister of State for her response. I have a question that she may not be able to answer for me today. If so, I ask her to bring it back to the Minister, who may be able to answer. Must we opt in to the pact as a whole or do we have the option to opt in to particular regulations within the pact? That is an important question, especially when we think of the cases of over-12s and whether they will be excluded from particular protections. It is important for us to understand whether Ireland has the option to opt in to some parts and opt out of other parts.
I will bring that question to the Minister. The Senator raised it in both her contributions. I will read the closing part of the statement from the Department.
On behalf of the Minister, Deputy McEntee, I again thank the Senator for raising this matter. Negotiations are progressing at pace and I am informed that the Spanish Presidency of the Council would like to have agreement on the final text by the end of the Presidency term, which falls in December. The Department of Justice supports the measures in the pact as it provides for a structural response to the challenges posed by irregular and forced migration. In this context, the Department has actively contributed and will continue to contribute to the trilogue negotiations.
A permanent structural solution to the challenges posed by irregular and forced migration will be greatly assisted through the successful conclusion and negotiation of the pact. Unlike other member states, Ireland would automatically be bound by these measures once they are agreed and we will decide whether we will opt in to them. In this context, the Department of Justice is actively examining the proposals that are the subject of negotiations, with a view to obtaining a decision from Government on whether Ireland should opt in to the measures once they have been adopted.
Consumer Protection
The Minister of State is welcome. I thank the Leas-Chathaoirleach for choosing this Commencement debate. As a member of the Joint Committee on Health, I am raising the need to update the Dentists Act 1985. There are a number of aspects of the Act that need to be updated and improved in order to prevent the fall-out that befell parents and children in County Galway last year when an orthodontist in Oranmore closed. Serious questions remain with regard to record sharing, protocol responsibility, moneys being paid and insurance, among others, and these areas require updating. Parents are still feeling the effects of that.
I raised this matter with the Irish Dental Association at a meeting of the Joint Committee on Health on 5 July. At that meeting, Mr. Fintan Hourihan, the CEO of the Irish Dental Association, stated:
It is critical to get in to prevent a problem so, if, for some reason, a dentist is having difficulty continuing in practice, there is an opportunity to intervene at an early stage and sit down to try to work out a solution, rather than wait for the inevitable. That requires a change in the legislation. The Dental Council will say, correctly, it is not entitled to proactively contact a dentist or visit a dental practice because the legislation does not allow for that and that, ultimately, dental practices are private enterprises. As an association, we believe there should be changes to the legislation to allow that, in the interests of the dentists, who may be in difficult circumstances, and of their patients, who will suffer as a consequence. We support the Dental Council in calling for legislation which will allow it to intervene proactively in such a scenario.
At the same meeting, Dr. Eamon Croke, the president of the Irish Dental Association, stated:
We have come across people who have come into the country and have closed the doors overnight and left. Change in legislation is required to get in there and deal with the human side of it.
I have spoken again to parents in the general Galway area as the orthodontist in question had clients all over the county. They have stated that many people have contacted the Competition and Consumer Protection Commission, CCPC, to get support. They say that where a dentist has insurance, the insurance company should refund the parents for the loss they incurred. They do not understand why that has not been the case. Regardless of what happens in the courts, the orthodontist's insurance should surely cover the costs. However, the insurance company is not engaging and Government intervention is needed to support the claims for insurance.
I wrote to the Minister for Health in August. He replied that the matter of refunding the money paid is not really up to his Department. He stated:
Issues relating to the refunding of fees are, unfortunately a broader issue, outside the remit of my Department, instead relating to consumer law under the Department of Enterprise, Trade and Employment (DETE) and so the Competition and Consumer Protection Commission (CCPC) is the statutory body responsible for promoting compliance with, and enforcing, competition and consumer protection law in Ireland and are best placed to advise ...
As I said, parents have contacted the CCPC and they have received no support. The Minister agreed on the wider need to update the legislation because this could happen again. We are left in a situation where no one can intervene. No one can go and collect the files or proactively engage. As I said, people can come into the country, set up a practice and then close the doors and leave. They may have collected money but they can leave children or patients halfway through procedures with a mouthful of braces and everything else like that. Those patients could be left in a situation where they have paid upfront and their care is left incomplete. There is an urgent need to update this legislation. I look forward to the Minister of State's response.
I am taking this matter on behalf of the Minister for Health, Deputy Donnelly. I thank the Senator for the opportunity to address the issue of the review and updating of the Dentists Act 1985. The practice of dentistry is underpinned by a range of Acts, of which the Dentists Act 1985 is only one. The Department of Health plays an active role in developing and amending relevant legislation to align with best international practice. The Minister for Health is committed to reviewing and updating the Dentists Act 1985.
The protection of the public and ensuring high oral healthcare standards will continue to be the central focus of this work. The review and updating of the legislation are directly related to the wider implementation of the national oral health policy which envisages a fundamental reform of oral health services in Ireland.
In September 2022, as the Senator referenced, following the cessation of practice of a specialist orthodontist in Galway, the Minister for Health met patient representatives and local representatives to listen to their specific concerns and to consider possible options. The usual course of events would be that orthodontic practices are wound down in an orderly fashion when necessary, with patients continuing to receive care in other practices, as arranged by the dentist providing their care. In the case referred to by the Senator, due to the circumstances of the cessation of practice of the specialist orthodontist, this was not possible. Officials in the Department of Health have worked with the Dental Council and relevant stakeholders to ensure that everything possible was done to resolve the concerns of patients affected. To support patients to receive continuity of care, the Dental Council wrote to orthodontists located nearest to the practice to seek their cooperation to provide care to former patients of this practice. The Orthodontic Society of Ireland also coordinated with its members to seek ways to resolve this situation to enable ongoing care to be restored as soon as possible.
Issues relating to the refund of fees are, unfortunately, a broader issue outside the remit of the Department of Health. Instead, they are related to consumer law which is under the remit of the Department of Enterprise, Trade and Employment. The Competition and Consumer Protection Commission is the statutory body responsible for promoting compliance with, and enforcement of, competition and consumer protection law in Ireland and is best placed to advise on any concerns regarding the refund of professional fees.
That is the response from the Minister for Health and the Department but it would not be correct of me to stand here and not acknowledge the upset and frustration that has been caused to these families. Senator Kyne, like me, is representing a lot of these families who are now at the end of their tether because they had to pay out not just once, but twice. Children were left with their mouths full of braces and did not know where to turn. It has gone on for far too long and the Senator is quite right to point out that while this is just one example, there is nothing to say it will not happen again. There is no reassurance within the legislation of either prevention or assistance. This should be a priority within oral health. The legislation should be amended as soon as possible. This has caused a lot of upset and frustration. Many of the children affected were doing exams at the time. I will encourage the Minister for Health, Deputy Donnelly, to get his officials to address this as soon as possible.
I thank the Minister of State for conveying the response from the Minister for Health, Deputy Donnelly, and for her own words as a fellow Galway politician working on behalf of parents and children in this area.
There are two issues here. First, there is a need to update the legislation for the future as quickly as possible because this could happen again in Galway or in any other county in the country and parents and children could be left high and dry. Second, we have the issue of refunds vis-à-vis the costs parents have incurred not once, but twice as the Minister of State said. They paid up front, in many cases, for the work but were left high and dry unfortunately. Then they had to pay a second time. There is no assistance forthcoming and that is not good enough. It is not right that parents in our county of Galway had to pay twice for dental care for their children or themselves. The Department or a relevant Government agency must take a lead on this and ensure that these people are supported. If the insurer does not pay out then some other method must be found by the State to ensure they get a refund.
I will read the Minister's closing statement and then add my own remarks. I have listened to colleagues across the Chamber and have taken on board the points they have made. I can assure them that ensuring the continued protection of the public and high oral healthcare standards is a priority for the Minister for Health. The Minister is committed to reviewing and updating the Dentists Act 1985. As part of implementation of the national oral health policy additional resources have been allocated within the Department of Health to work on further strengthening the regulation of dentists in Ireland. The Department is currently undertaking preparatory scoping and planning work to support the review of this legislation and is also considering the different areas of reform referenced by the Dental Council in its 2021 submission to the Department. The process of developing legislation involves consultation with the public and other stakeholders. Officials from the Department have met with officials from the Dental Council several times in recent weeks to discuss a range of issues, including the Dental Council’s proposals for legislative reform. Officials will continue to consult with the Dental Council as an important stakeholder as this work progresses. The Department welcomes positive engagement from all stakeholders, including the public and wider dental profession, in this regard. The Minister is confident that, informed by this engagement, we will be able to deliver a robust, evidence-based modern regulatory framework which supports the national oral health policy and the associated reforms targeted for oral healthcare. Any legislative change will obviously be a matter for consideration and decision by the Oireachtas in due course.
In my view, the Dental Council has a significant role to play here because it has its own insurance and I would assume that insurance would protect the council's membership. When one of its members failed to deliver services to the public for which he or she had been already paid, the Dental Council should have used its insurance to reimburse affected families.
Childcare Services
I welcome the Minister of State to the Seanad. I am always delighted when she comes in to respond to commencement matters. She dealt with two of my issues previously and both have been solved. I have said this to the Minister of State privately but I want to put it on the record of the House today. I raised the case previously of a woman who is an amputee but who did not have a medical card. Following the Minister of State's intervention, she ended up getting a medical card, she now has a new leg and her life has been transformed. I want to thank the Minister of State for that, which leads me on to today's commencement matter. I have great hope that the Minister of State can reassure childminders in Tipperary and across the country. Everything I am about to say comes from a place of worry and fear about what might happen next September.
Many childminders around the country are very worried about the changes due to be implemented next year. We have a myriad of different childcare settings in which parents entrust their children's care. While they all need to be held to a standard, it is important that any such standard is specific to the setting. Childminders play a key role in Ireland and if Tusla registration leads to a mass exodus from the sector, a lot of families will be in very difficult situations. Tusla currently holds childminders to the same standard as childcare facilities but this is in no way practical. Childcare facilities are businesses in buildings that have been built and adapted for the purpose of providing childcare whereas childminders working out of their own homes need to be dealt with on the understanding that their workplace is a home.
Staff in my office have spoken extensively with a much sought after childminder who is highly respected within the community in Tipperary. When she started working for herself, she registered with Tusla and went through all of the checks. She quickly learned that Tusla registration came with far more obstacles than she ever imagined. She deregistered and is now running a thriving business. Her story is not unique. Many childminders in Tipperary have similar stories and I have had countless messages from childminders about their experiences. I speak to parents and childminders on a weekly basis in Tipperary who are really nervous about what the upcoming changes will mean. The paperwork associated with childcare facilities is extensive and is far too much for an individual childminder to take on. Additionally, the ratio limits should be completely different in this type of setting. Again, we are dealing with a family home as opposed to a model setting.
Does the Department plan to implement alternative arrangements for childminders and to differentiate them from childcare facilities? Has there been ongoing engagement with unregistered childminders to find ways to keep them in the sector when changes are implemented?
I have had so many contacts from childminders right across Tipperary who are very worried. I could read out 20 messages that I got from them but I will read one in particular that underlines their worries and fears. It is a childminder in Tipperary who sent me an email and message. She said:
I'm also fearful of them changing ratios or including our own children in the current ratios ... They did this with both early years & then when the SAC rules came in. If they reduce ratios they reduce our income which could mean closure for a lot of childminders in Tipperary.
I am biased in this in some way because I am affected, like most people who have young children. With regard to how many childminders we have in Tipperary and across the country, we need to make sure that we can keep these people, hold their positions, their companies and the work they do as best we can. All we are hoping for is that when it comes to an agreement with the Department, it is recognised and taken into account that most childminders are working from their own homes. It is not one of these facilities that have been built with a childcare facility image in place, where everything is done with that in place. This is really important because as the Minister of State knows, this affects families. It particularly affects women at work, and their ability to work. I know countless people in Tipperary who, if these childminders decide next week or next year that it is just not viable for them because of the changes we have made in government, then we are going to have hundreds of mothers and fathers in Tipperary who have to make alternative arrangements or have to give up work.
The Senator has had enough time, in fairness. I have more than liberal with him.
I thank the Chair and the Senator. When I was in opposition myself, I had a vested interest with three children. I have used the whole array. I have done structured childcare and I have had the childminders. I like the flexibility of a home away from home. I liked the idea that it was not a controlled environment. That is why I am delighted that the Minister, Deputy O'Gorman, aims to publish draft childminding regulations early next year for the purpose of public consultation. To me, that public consultation is the key piece because we have the lowest number of childminders in the State. At one stage, I was so shocked to think that we have 4,200 registered structured crèche settings, and we had about 172 childminders. The Senator and I know that is not the case or the way it is.
The development of these new regulations has been under way since 2022 in line with the national action plan, and the process has been supported by an interagency advisory group reporting to the steering group for the national action plan. It is important that I point out that the Government also recognises that many childminders are anxious about the prospect of regulation and inspection. The Minister, Deputy O'Gorman, has committed to ensuring that the new regulations will be proportionate, appropriate and respectful of the home and family setting that is so essential and unique to childminding. Furthermore, the new regulations will be introduced in a phased manner in line with the commitments in the national action plan.
Legislation to amend the Child Care Act 1991, which will remove the exemption of childminders from registration and regulation, underwent pre-legislative scrutiny in the summer and the Bill is currently being drafted. The amendment to the legislation will have to be enacted before childminder-specific regulations can be brought in. There is no doubt at all but that the Department of Children, Equality, Disability, Integration and Youth is very conscious of the nervousness that is placed upon childminders. Both the Minister, Deputy O'Gorman, and I are very clear on the valuable role that childminders play. It is also important for parents to have the option to be able to avail of the national childcare scheme. The Senator talked about females but we also need to talk about the flexibility that childminders provide, particularly for people who are on shift work, or our nurses who have to be on shift for 8 o'clock in the morning and might have an hour's travel. Those childminders are open and available before 7 a.m. to assist, and it is the same way with late collection.
The Minister, Deputy O'Gorman and I are very conscious of it, and I want to reassure anybody who is making contact with the Senator to engage in the public consultation. That is what I would say. That public consultation will give even childminders who have left the structured system but who might still be providing the chance to tell us why they were fearful of participating in it. Their information and input would be valuable for us to understand, and to determine how the regulation could be set to acknowledge the role of how Tusla can engage and understand that home setting. I hope I have answered the Senator's question.
Absolutely, the Minister of State has, and that is exactly it. It is about public consultation, bringing it in on a phased basis and making sure that we reassure people working in that sector that they are being recognised. In the Minister of State's contribution, she said that the settings and the particular type of childcare they provide will be taken into account, and it will be proportionate. That is really important. The Minister of State gets it. She totally gets it, and I have full faith in her and this process. It is about bringing that sector with us.
Regarding people who do not understand the sector, the Minister of State outlined it really well. There are people working shifts and different things where a childminder is more beneficial than a childcare provider. Sometimes when they are talking, it is almost as if people who do not really understand the sector think that they are looking to have 40 kids in a sitting room, and they want no regulation. Nobody cares about looking after these kids and making sure they are protected more than childminders. They treat them as if they are their own kids. What they are looking for is a balanced approach, and I have absolute faith that the Minister of State will be able to provide that. I thank her for her response.
In my final contribution before I read the closing speech, I want to say that I could not have returned to work or be in the role I am in without the support of a childminder. To me, it is very important that we get this right so that we can support more women in the workforce, more women who need flexibility, and who might even get into politics because we have unsociable hours.
Great care is needed in ensuring that we get the regulations right. The national action plan for childminding was itself underpinned by extensive consultation. The process of drafting regulations has been supported by the active engagement of childminders, and the public consultation on the draft regulations will begin in the new year and will be of great importance. It will also be important that we give childminders the time and support to comply with regulations. A pre-registration training programme is being developed to support childminders and to help them understand the regulations. The national action plan for childminding commits to a phased approach with an extended transition period during which childminders will be supported in engaging with the regulations and registering with Tusla.
I thank the Minister of State for taking all four Commencement matters this morning. I want to thank all the Senators, including Senators Ahearn, Ruane, Gallagher and Kyne for having their Commencement matters before us. I thank, as always, the staff of the House, including the ushers, for their help.
Cuireadh an Seanad ar fionraí ar 10.18 a.m. agus cuireadh tús leis arís ar 10.30 a.m.
Sitting suspended at 10.18 a.m and resumed at 10.30 a.m.